Dr. Christopher Fernandes

The plaintiff brought a medical malpractice action against an emergency room physician, alleging negligence in the diagnosis and treatment of an abscess and hyperglycemia.

The plaintiff claimed the abscess was anorectal and required immediate incision and drainage, while the defendant diagnosed a simple buttocks abscess that was not yet ready to drain.

The court preferred the evidence of the defence expert, finding that the abscess was located on the buttock and that the defendant's treatment plan met the standard of care.

The action was dismissed.

The plaintiff brought a motion to adjourn a scheduled jury trial in a medical malpractice action after learning that a key expert witness would be unavailable on the trial date.

The defendants opposed the adjournment, arguing the unavailability resulted from the plaintiff’s counsel failing to notify the expert of the agreed trial date in a timely manner.

The court considered the discretionary test for adjournments and the need to balance the interests of the parties and the administration of justice.

Although the court criticized the plaintiff’s counsel’s conduct as inexcusable, it concluded the plaintiff would suffer prejudice if forced to proceed without the expert’s live testimony and there was no evidence of non‑compensable prejudice to the defendants.

The trial was adjourned and directed to be rescheduled peremptory on the plaintiff.